RESOLUTION NO. R

Transcription

1 RESOLUTION NO. R RESOLUTION APPROVING ZONING APPLICATION DOA (CONTROL NUMBER ) DEVELOPMENT ORDER AMENDMENT APPLICATION OF HEALTH HIPPOCRATES BYMILLER LAND PLANNING, AGENT (HIPPOCRATES PUD/CLF) WHEREAS, the Board of County Commissioners, as the governing body of Palm Beach County, Florida, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes, and the Palm Beach County Unified Land Development Code, as amended, is authorized and empowered to consider applications relating to zoning; and WHEREAS, the notice and public hearing requirements, as provided for in Article 2 (Development Review Procedures) of the Palm Beach County Unified Land Development Code (Ordinance ), as amended, have been satisfied; and WHEREAS, Zoning was presented to the Board of County Commissioners at a public hearing conducted on February 22, 2007; and WHEREAS, the Board of County Commissioners has considered the evidence and testimony presented by the applicant and other interested parties, the recommendations of the various county review agencies, and the recommendation of the Zoning Commission; and WHEREAS, this approval is subject to Article 2.E (MONITORING), of the Palm Beach County Unified Land Development Code and other provisions requiring that development commence in a timely manner; and WHEREAS, the Board of County Commissioners has considered the findings in the staff report and the following findings of fact: 1. This Development Order Amendment is consistent with the purposes, goals, objectives and policies of the Palm Beach County Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use; 2. This Development Order Amendment complies with relevant and appropriate portions of Article 4.B (Supplementary Use Standards) of the Palm Beach County Unified Land Development Code. This Development Order Amendment also meets applicable local land development regulations; 3. This Development Order Amendment, with conditions as adopted, is compatible as defined in the Palm Beach County Unified Land Development Code and generally consistent with the uses and character of the land surrounding and in the vicinity of the land proposed for development; 4. The proposed design, with conditions as adopted, minimizes adverse effects, including visual impact and intensity of the proposed use on adjacent lands; 5. This Development Order Amendment has a concurrency determination and complies with Article 2.F (Concurrency - Adequate Public Facility Standards) of the ULDC. 6. This Development Order Amendment, with conditions as adopted, minimizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the envi ron ment. Control No Page 1

2 7. This Development Order Amendment, with conditions as adopted, will result in logical, timely and orderly development patterns. 8. This Development Order Amendment, with conditions as adopted, complies with standards imposed on it by all other applicable provisions of the Palm Beach County Unified Land Development Code for use, layout, function, and general development characteristics. 9. The applicant has demonstrated sufficient justification that there are changed circumstances that require the Development Order Amendment. WHEREAS, Article 2.A.1.K.3.b (Action by BCC) of the Palm Beach County Unified Land Development Code requires that the action of the Board of County Commissioners be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that Zoning Application DOA , the application of Health Hippocrates, by Miller Land Planning, agent, for a Development Order Amendment to add land area, add square footage, add residents, reconfigure the site plan and modify the conditions of approval to the Hippocrates Planned Unit Development on a parcel of land legally described in EXHIBIT A, attached hereto and made a part hereof, and generally located as shown on a vicinity sketch attached as EXHIBIT B, attached hereto and made a part hereof, was approved on February 22,2007, subject to the conditions of approval described in EXHIBIT C, attached hereto and made a part hereof. Commissioner ~1arcus moved for the approval of the Resolution. The motion was seconded by Commissioner Aaronson a vote, the vote was as follows: Addie L. Greene, Chairperson John F. Koons, Vice Chair Karen T. Marcus Warren H. Newell Mary McCarty Burt Aaronson Jess R. Santamaria and, upon being put to The Chairperson thereupon declared that the resolution was duly passed and adopted on February 22,2007. Filed with the Clerk of the Board of County Commissioners on..::..2.,;...;..n.,;...;..d day of r'1arch This resolution is effective when filed with the Clerk of the Board of County Commissioners. APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS SHARON BOCK, CLERK & COMPTROLLER BY: f~~;q(f (Jl9 -;; COUNTY ATIORNEY / Control No Page 2

3 EXHIBIT A LEGAL DESCRIPTION PARCEL Palmdale Court LEGAL DESCRIPTION: The Northeast quarter of Tract 7, Block 3, PALM BEACH FARMS COMPANY PLAT No.3, a subdivision in Palm Beach County, Florida, according to the plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 2, Pages 45 to 54, LESS the East 15 feet thereof and also LESS the North 51 feet thereof. TOGETHER WITH, The Northwest quarter of Tract 7, Block 3, PALM BEACH FARMS COMPANY PLAT No.3, according to the plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 2, Pages 45 to 54, inclusive, LESS the North 51 feet thereof. Lying in Section 28, Township 43 South, Range 42 East, Palm Beach County, Florida. Also known as HIPPOCRATES HEALTH INSTITUTE, according to the plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 104, Pages 118 and 119. PARCEL Palmdale Court LEGAL DESCRIPTION: The West one-half of the Southwest one-quarter, LESS the West 310 feet of the South 264 feet thereof, of Tract 7, Block 3, THE PALM BEACH FARMS COMPANY PLAT NO. 3, according to the Plat thereof recorded in Plat Book 2, Page 45, Public Records of Palm Beach County, Florida. PARCEL Palmdale Court LEGAL DESCRIPTION: The South half of the North 2 acres of the East half of the South half of the West half of Tract 7, Block 3, THE PALM BEACH FARMS CO., PLAT NO.3, according to the map or Plat thereof as recorded in Plat Book 2, Pages 45 to 54 inclusive. LESS the East 15 feet thereof conveyed to the County of Palm Beach for road Right of Way in Official Record Book 2202, Page 868, and also LESS the following described parcel of land: Beginning at the Southeast corner of the South half of the North 2 acres of the East half of the South half of the West half of said Tract 7, thence Westerly feet; thence Northerly 100 feet; thence Easterly feet, thence Southerly 100 feet to the POINT OF BEGINNING. Control No.198? -032 Page 3

4 PARCEL Palmdale Court LEGAL DESCRIPTION: A parcel of land in the South half of the North 2 acres of the East half of the South half of the West half of Tract 7, Block 3, PALM BEACH FARMS COMPANY'S PLAT NO.3, according the map or Plat thereof as recorded in Plat Book 2, Pages 45 to 54, inclusive, Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the Southeast corner of the above described property; thence Westerly along the South line of the above described property a distance of feet; thence Northerly, along a line parallel with the East line of the above described property, a distance of 100 feet; thence Easterly, along a line parallel with the Westerly course aforedescribed, a distance of feet; thence Southerly along the East line of the aforedescribed property, a distance of 100 feet to the POINT OF BEGINNING; LESS the East 15 feet thereof for road right of way. PARCEL Palmdale Court LEGAL DESCRIPTION: The North 132 feet of the South 264 feet of the West 165 feet of the East half of Tract 7, Block 3, THE PALM BEACH FARMS CO. PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Pages 45 through 54, inclusive, LESS the West 15 feet thereof conveyed to the County of Palm Beach in Official Record Book 2202, Page 862, Public Records of Palm Beach County, Florida PARCEL Skees Road LEGAL DESCRIPTION: Beginning at a point on the Southeast corner of the East Y2 of Tract 7, Block 3, THE PALM BEACH FARMS CO., PLAT NO.3, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach, Florida, recorded in Plat Book 2, Pages 45-53, inclusive, being the POINT OF BEGINNING, thence Westerly on a line parallel to the North line a distance of 330 feet, thence Northerly on a line parallel to the East line a distance of 660 feet, thence Easterly on a line parallel to the South line a distance of 330 feet, thence Southerly a distance of 660 feet to the POINT OF BEGINNING. LESS and EXCEPTING the East 8 feet for Right of Way of Skees Road as recorded in Deed Book 964, Page 486, Public Records of Palm Beach County, Florida. PARCEL Palmdale Court LEGAL DESCRIPTION: Beginning at a point on the West line 264 feet North of the Southwest corner of the East half of Tract 7, in Block 3, THE PALM BEACH FARMS CO. PLAT NO.3, according the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Pages 45 to 54 inclusive; being the POINT OF BEGINNING; thence Northerly on the West line of the East half of Tract 7, a distance of 132 feet; thence Easterly on a line parallel to the South line of said East half of Tract 7, a distance of 330 feet; thence Southerly on a line parallel to the West line of the East half of Page 4 Control No

5 Tract 7, a distance of 132 feet; thence Westerly on a parallel course to the North line hereof, a distance of 330 feet to the POINT OF BEGINNING. LESS the West 15 feet thereof conveyed to the County of Palm Beach for the Right-of Way of Palmdale Court as recorded in Official Records Book 2202, Page 860, Public Records of Palm Beach County, Florida. PARCEL Palmdale Road LEGAL DESCRIPTION: The West 310 feet of the South 264 feet of the West half of the Southwest one-quarter of Tract 7, Block 3, THE PALM BEACH FARMS CO. PLAT No.3, according to the Plat thereof on file in the office of the clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 2, Pages 45 through 54, inclusive. Control No Page 5

6 EXHIBIT B VICINITY SKETCH PALM BEACH COUNTY ZONING QUADNICINITY SKETCH ( C) \.28 RS AR!1!'''''1VT1QeM ' ~.~ Ie ~~~~~~.~.. ~~ RTS/SE ' 0 AR 'I;.4 : '. I 2. I~ ;.Il" ~I) ~o 1.=--=- _... --=-- L II~....., ~ "'ri4 :,J/ , 6 R M,~'~ it. " e.. I.. ".D... I I.l~ ~ / ~.. ) : ~ ~ O"~/.W I Ii IG/COZ,a:~~ :7 I I / Application No Zoning Quad 46 Date December 7, '""T1~- IS R' 9a-?. " ". P'78' 246(Cl 1998C» CI NORTH Control No Page 6

7 EXHIBITC CONDITIONS OF APPROVAL ALL PETITIONS 1. All previous conditions of approval applicable to the subject property, as contained in Resolutions R , Petition ; R , Petition A; R-9S- 857, SR amending Resolution S,Petition B have been revoked. (ONGOING: MONITORING - Zoning) 2. Development of the site is limited to the uses approved by the Board of County Commissioners. The approved Preliminary Development Plan is dated December 13, All modifications must be approved by the Board of County Commissioners unless the proposed changes are required to meet conditions of approval or are in accordance with the ULDC. (ORO: ZONING - Zoning) 3. Based on Article 2.E of the ULDC, this Development Order meets the requirement to receive a new three (3) year review date from the date of approval of this resolution. (ONGOING: MONITORING-Zoning) ARCHITECTURAL REVIEW 1. At time of submittal for final approval by the Development Review Officer (ORO), the architectural elevations for all the buildings shall be submitted simultaneously with the site plan for final architectural review. Elevations shall be designed to be consistent with Article S.C of the ULDC. Development shall be consistent with the approved architectural elevations. (ORO: ARCH REVIEW- Zoning) DUMPSTER 1. All areas or receptacles for the storage and disposal of trash, garbage, recyclable material or vegetation, such as dumpsters and trash compactors, shall not be located within thirty (30) feet of the south property line and shall be confined to the areas designated on the site plan. (ORO ZONING - Zoning) ENGINEERING 1. In order to comply with the mandatory Traffic Performance Standards, the Property owner shall be restricted to the following phasing schedule: No Building Permits for the site may be issued after January 4, A time extension for this condition may be approved by the County Engineer based upon an approved Traffic Study which complies with Mandatory Traffic Performance Standards in place at the time of the request. This extension request shall be made pursuant to the requirements of Article 2, Section E of the Unified Land Development Code. (DATE: MONITORING-Eng) 2. Prior to issuance of a Building Permit for any structure within Pods C & 0, the Property owner shall replat the entire PUD boundary in accordance with provisions of Article 11 of the Unified Land Development Code. (BLDG PERMIT: MONITORING-Eng) 3. Prior to Technical Compliance for the subject PUD plat, the property owner shall provide a temporary roadway construction easement along Skees Road to Palm Beach County. Construction by the applicant within this easement shall conform to all Palm Beach County Standards and Codes. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (BLDG. PERMIT: MONITORING-Eng) Control No Page 7

8 4. The Property owner shall construct: A. Palmdale Road from the present paved terminus west of Skees Road west to the entrance to POD D. B. Palmdale Court from the present paved terminus north of Palmdale Road to the entrance to POD AlB or restrict vehicular access to POD AlB. C. This construction shall be to local street standards. This construction shall be concurrent with the paving and drainage improvements for the site. Any and all costs associated with the construction shall be paid by the property owner. These costs shall include, but are not limited to utility relocations. D. Permits required by Palm Beach County for this construction shall be obtained prior to Technical Compliance for the subject PUD plat. (BLDG PERMIT: Monitoring-Eng) E. Construction shall be completed prior to the issuance of the next Certificate of Occupancy for Pod C or POD D. (CO: MONITORING-Eng) 5. Prior to Technical Compliance for the PUD Plat the property owner shall provide to Palm Beach County sufficient road drainage easement(s) through the project's internal drainage system, as required by and approved by the County Engineer, to provide legal positive outfall for runoff from those segments of Skees Road along the property frontage; and a maximum 800 feet of these adjacent roadway(s). The limits of this additional 800 feet of drainage shall be determined by the County Engineer. Said easements shall be no less than 20 feet in width. Portions of such system not included within roadways or waterways dedicated for drainage purposes will be specifically encumbered by said minimum 20 foot drainage easement from the point of origin, to the point of legal positive outfall. The drainage system within the project shall have sufficient retention/detention, Compensating storage within this projects retention system as required by all permitting agencies, and conveyance capacity to meet the storm water discharge and treatment requirements of Palm Beach County and the applicable Drainage District, as well as the South Florida Water Management District, for the combined runoff from the project to accommodate the ultimate Thoroughfare Plan Road Section(s) of the included segment. If required and approved by the County Engineer the property owner shall construct within the proposed drainage easements a minimum of 24 inch closed piping system and appropriate wingwall or other structures as required by and approved by the County Engineer. Elevation and location of the entire drainage system shall be approved by the County Engineer. Any and all excess fill material from excavation by Palm Beach County within said easements shall become the property of Palm Beach County which, at its discretion may use this fill material. The Property Owner shall not record these required easements or related documents. After final acceptance of the location, legal sketches and dedication documents, Palm Beach County shall record all appropriate deeds and documents. (TC: ENG I N EERI NG-Eng) 6. CORRIDOR CONVEYANCE OF RIGHT OF RIGHT OF WAY The property owner shall provide to the Palm Beach County Land Development Division a road right of way deed and all associated documents as required by the County Engineer for: A. Skees Road 40 feet from centerline B. Palmdale Road 25 feet from centerline C. Palmdale Court 25 feet from centerline D. All right of way deed(s) and associated documents shall be provided and approved prior to the issuance of a Building Permit. E. Right of way conveyance shall be along the entire frontage and shall be free of all encroachments and encumbrances. Property owner shall provide Palm Beach County with sufficient documentation acceptable to the Right of Way Page 8 Control No.198? -032

9 Acquisition Section to ensure that the property is free of all encumbrances and encroachments. The Grantor further warrants that the property being conveyed to Palm Beach County meets all appropriate and applicable environmental agency requirements. In the event of a determination of contamination which requires remediation or clean up on the property now owned by the Grantor, the Grantor agrees to hold the Grantee harmless and shall be responsible for all costs of such clean up, including but not limited to, all applicable permit fees, Engineering or other expert witness fees including Attorney's fees as well as the actual cost of the clean up. Thoroughfare Plan Road right-of-way conveyances shall be consistent with Palm Beach County's Thoroughfare Right of Way Identification Map and shall include where appropriate provisions for Expanded Intersection Details and "Corner Clips." The Property Owner shall not record these required deeds or related documents. After final acceptance, Palm Beach County shall record all appropriate deeds and documents. (BLDG. PERMIT: MONITORING-Eng) HEALTH 1. Prior to the final approval by the Development Review Officer (DRO), the property owner shall provide documentation that clearly and accurately show the location of all septic tank systems and wells on the site and identify the well(s) that will be abandoned, and those, if any, which will be retained onsite. (DRO: HEALTH Health) 2. Prior to ninety (90) days after recordation of the PUD plat, all sections of the PUD shall be connected to public water and sanitary sewer services, and all onsite sewage treatment and disposal systems shall have been abandoned. (PLAT: MONITORING-Health) 3. Prior to final approval by the Development Review Officer (DRO), the property owner shall execute a Developer's Agreement with the Palm Beach County Water Utilities Department to ensure that water and wastewater services are available to all sections of the PUD. (DRO: HEALTH - Health) 4. Prior to final approval by the Development Review Officer (DRO), the property owner shall provide the Health Department with Existing System Evaluation and Approval, per Chapter 64 E-6, of each existing septic tank system in the entire PUD site, to be prepared by a Florida licensed septic tank contractor. (DRO: HEALTH Health) ZONING - LANDSCAPING - STANDARD 1. Prior to the issuance of a building permit, the property owner shall submit a Landscape Plan to the Landscape Section for review and approval. The Plan(s) shall be prepared in compliance with the conditions of approval as contained herein. (BLDG PERMIT: LANDSCAPE - Zoning) 2. Preservation areas may be excluded from perimeter landscape buffer planting and berm requirements, subject to the following: a. prior to final site plan approval by the Development Review Officer (DRO), documentation that demonstrates native preserve area vegetation will meet or exceed the screening provided by required perimeter landscaping shall be submitted to the Landscape Section for review and approval; and, b. additional native vegetation may be relocated or added to preserve areas to meet the intent of this condition. (DRO: LANDSCAPE - Zoning) 3. Prior to the issuance of a certificate of occupancy (CO) for any structure in Pod B of the Hippocrates Planned Unit DevelopmenVCongregate Living Facility, the property owner shall replace all dead and missing plant materials within Pod A. (BLDG PERMIT: LANDSCAPE - Zoning) Control No.198? -032 Page 9

10 4. All canopy trees to be planted in the perimeter landscape buffer along Skees Road shall be native and meet the following minimum standards at installation: a. Tree height: Fourteen (14) feet; b. Trunk diameter: three and one-half (3.5) inches measured at four and onehalf (4.5) feet above grade; c. Canopy diameter: Seven (7) feet diameter shall be determined by the average canopy radius measured at three (3) points from the trunk to the outermost branch tip. Each radius shall measure a minimum of three and one-half (3.5) feet in length; and d. Credit may be given for existing or relocated trees provided they meet ULDC requirements. (BLDG PERMIT: LANDSCAPE Zoning) 5. All palms required to be planted on the property by this approval shall meet the following minimum standards at installation: a. palm heights: twelve (12) feet clear trunk; b. clusters: staggered heights twelve (12) to eighteen (18) feet; and, c. credit may be given for existing or relocated palms provided they meet current ULDC requirements. (BLDG PERMIT: LANDSCAPE - Zoning) 6. A group of three or more palm or pine trees may not supersede the requirement for a canopy tree in that location. (BLDG PERMIT: LANDSCAPE - Zoning) 7. Field adjustment of plant material and wall locations may be permitted to provide pedestrian sidewalks/bike paths and to accommodate transverse utility or drainage easements crossings and existing vegetation. (BLDG PERMIT: LANDSCAPE - Zoning) ZONING - LANDSCAPING ALONG THE PERIMETER PROPERTY LINES 8. In addition to the ULDC requirements, landscaping and buffering along the perimeter property lines shall be upgraded to include: a. one (1) palm for each twenty (20) linear feet of property line with a maximum spacing of twenty-five (25) feet between clusters. (BLDG PERMIT: LANDSCAPE - Zoning) ZONING - LANDSCAPING ALONG THE SOUTH AND WEST PROPERTY LINE (ABUTTING RESIDENTIAL) 9. In addition to code requirements and the proposed landscaping buffer width along the south property line shall be upgraded to include: a. one (1) palm for each for each twenty (20) linear feet of the property line with a maximum spacing of twenty (20) feet between clusters. (BLDG PERMIT: LANDSCAPE - Zoning) MASS TRANSIT 1. The location of an easement for a Bus Stop Boarding and Alighting Area, subject to the approval of Palm Tran shall be shown on the Master Plan and/or site plan prior to final approval of the Development Review Officer (DRO). The purpose of this easement is for the future construction of mass transit infrastructure in a manner acceptable to Palm Tran. (ORO: PALM TRAN-Palm Tran) 2. Prior to Technical Compliance for the subject PUD plat, the property owner shall convey and/or dedicate to Palm Beach County an easement for a Bus Stop Boarding and Alighting Area in a form with terms and conditions approved by Palm Tran. Supporting documentation, including but not limited to, a location sketch, legal description, affidavit of ownership, attorney title opinion and other related Page 10 Control No

11 . SIGNS documents as deemed necessary by Palm Tran. (BLDG PERMIT:MONITORING Palm Tran) 1. Ground mounted signs fronting on Skees Road shall be limited as follows: a. maximum sign height, measured from finished grade to highest point - eight (8) feet; b. maximum sign face area per side - sixty (60) square feet; c. maximum number of signs - two (2); d. style - monument style only; e. location - Skees Road Frontage; and, f. sign shall be limited to project identification only. (BLDG PERMIT: BLDG - Zoning) COMPLIANCE 1. In granting this approval, the Board of County Commissioners relied upon the oral and written representations of the petitioner both on the record and as part of the application process. Deviations from or violation of these representations shall cause the approval to be presented to the Board of County Commissioners for review under the compliance condition of this approval. (ONGOING: MONITORING - Zoning) 2. Failure to comply with any of the conditions of approval for the subject property at any time may result in: a. The issuance of a stop work order; the issuance of a cease and desist order; the denial or revocation of a building permit; the denial or revocation of a Certificate of Occupancy; the denial of any other permit, license or approval to any developer, owner, lessee, or user of the subject property; the revocation of any other permit, license or approval from any developer, owner, lessee, or user of the subject property; revocation of any concurrency; and/or b. The revocation of the Official Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or any other zoning approval; and/or c. A requirement of the development to conform with the standards of the ULDC at the time of the finding of non-compliance, or the addition or modification of conditions reasonably related to the failure to comply with existing conditions; and/or d. Referral to code enforcement; and/or e. Imposition of entitlement density or intensity. Staff may be directed by the Executive Director of PZ&B or a Code Enforcement Special Master to schedule a Status Report before the body which approved the Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment, and/or other zoning approval, in accordance with the provisions of Article 2.E of the ULDC, in response to any flagrant violation and/or continued violation of any condition of approval. Appeals of any departmental administrative actions hereunder may be taken to the Palm Beach County Board of Adjustment or as otherwise provided in the Unified Land Development Code (ULDC), as amended. Appeals of any revocation of an Official Zoning Map Amendment, Conditional Use, Requested Use, Development Order Amendment or other actions based on a Board of County Commission decision shall be by petition for writ of certiorari to the Fifteenth Judicial Circuit. (ONGOING: MONITORING - Zoning) Control No Page 11